Correctly maintained up-to-date land records are not only highly useful for policy formulation but are also very helpful in maintaining harmonious relations among different social groups in the rural society by reducing land related litigation.
For the purposes of MLR Code 1966, "Land Records" means records maintained under the provisions of code. It includes a copy of maps and plans or a final town planning scheme, improvement scheme or a scheme of consolidation of holdings.
Department of Land Records
At the State level, the Land Records Department is controlled by the Director of Land Records and Settlement Commissioner, Maharashtra State, Pune. At the district and taluka level the work is done by the District Inspector of Land Records and Taluka Inspector of Land Records respectively. Functions of the Land Records department are as follows:-
- to maintain all survey, classification and settlement records up-to-date by keeping a careful note of all changes by conducting field operations preliminary to incorporation of the changes in survey records;
- to collect and provide statistical information necessary for the sound administration of all matters connected with land;
- to simplify the procedure and reduce the cost of litigation in revenue and civil courts by providing reliable survey and other land records for the purpose;
- to supervise the preparation and maintenance of Record of Rights by periodical inspection and maintenance and repairs of the boundary marks of individual fields;
- to conduct periodical revision settlement operations;
- to organize and carry out surveys of village sites on an extensive scale and arrange for their proper maintenance;
- to maintain up-to-date all village maps by incorporating necessary changes as and when they occur;
- to maintain all tahsil maps up-to-date, to reprint them and to arrange for their distribution to various departments for administrative purposes and for sale to public; and
- to train revenue officers in survey and settlement matters.
List of Land Records
- All records maintained under various "Village Forms" are land records.
- Map or plan of survey number or subdivision of survey number prepared under the MLR Code 1966
- Town Planning Records: Maps of Town Planning Scheme, Improvement Scheme etc.
Revenue accounts system at village level is maintained by Talathi in 16 village forms. Purposes of keeping these village forms are as mentioned below:-
- To keep revenue accounts relating to area and land revenue.
- To keep accounts relating to persons from who land revenue is realizable.
- To keep Revenue Accounts of recoveries, with the balance sheet.
- To keep Revenue accounts relating to statistics for sound general administration.
- To keep Accounts of dues other than land revenue and forms and registers in respect of administration and other matters.
We are considering only the below mentioned forms which are required to maintain for keeping revenue accounts relating person from whom land revenue is realizable.
- Village Form VI
- Village Form VII-XII
- Village Form VIII-A
- Village Form VII-B
- Village Forms VI-C
This form is also called register of mutation. Mutation means substitution of the names of a person in the Record of Right. This is a record of changes in the record of right. This is done by the Revenue Officers u/s 148 to 151 and 154 of M.L.R. Code 1966. Transfer may be by Will, Sale, Mortgage, Lease, Exchange, Gift or Inheritance
This is very useful record as one can find out history of land.
Village Form VII-XII
This is combined Registered of Record of Right and Registered of crops.
Village Form VII (Record of Right) consists of the below mentioned column.
- Name of the village
- Name of the taluka
- Survey No/Gat No. and its sub division Number.
- Tenure (Marathi-Bhudharana paddhti-Type of occupancy)
- Name of the occupant (Marathi-Bhogvatadarache nav)
- Local name of the field.
- Cultivable area
- Uncultivable land (Marathi-Pot kharaba) class (a) and Class(b)
- Judi or special assessment
- Khata No.
- Rent Rs. P.
- Other rights
Explanation of entries:-
[Marathi-Bhudharana- Occupancy, paddhti-Type of( occupancy)]
Occupant and occupancy:-
Occupant is a person having lawful and actual possession of the land whereas occupancy means portion of the land held by the occupant. Occupant is responsible to pay land revenue to the Government. Occupancy is liable to forfeiture in case occupant fails to pay land revenue to the Government. On forfeiture occupant and his hairs loses all their right on the land. Occupancy is transferable immovable property. The way of transfer may be by sale, by mortgage, by lease, by exchange, by gift or by his will.
Under section 29 of MLR Code1966 persons are classified into occupant class I and occupant class II.
Occupant Class I
Person classified into this class is free to transfer the agricultural land without permission of collector in favour of person who is agriculturist.
Occupant Class II
Lands purchased by tenant under the provision of The Bombay Tenancy And Agricultural Lands Act 1948., lands granted by Government to the Schedule Cast/ Tribes persons, freedom fighter, member of army forces, ex-service man are allowed to transfer only after collector’s permission. Persons holding land under this category are classified as an Occupant Class II.
Under the column Tenure, Talathi has to write Occupant’s class (I or II)
Local name of field
Considering shape or location of the field farmers has given names to their field, for example ohalacha mal (field where spring water is flowing). Local names are useful for finding out exact location of land.
Potkarab Class (a) and Class (b)
It means uncultivable portion of the land. It is of two kinds-
a) that which is classed as a unfit for the cultivation i.e rocky area, land under nala and farm building etc.
b) that which is reserved for public purpose i.e. road, recognized foot path and public place of drinking water etc.
Under this column Talathi has to right khata number of form VIII-A.
- Details of charges of attachment and decrees under the order of civil court or revenue authorities
- Details of loan taken by the occupant
- If land is classified as a “fragment” under the section 6 of the Bombay prevention of fragmentation and consolidation of holding Act 1947, the same is noted as a “fragment” in this column.
- Easement, such as right of way.
- If right is acquired by heir-ship, names of heirs with whom land is not in actual possession.
Village Form XII
- This is registered of crops. In this form below mentioned details are available:-
- Names of the crops and the area covered by them.
- Names and numbers of the fruit trees and fuel trees.
- Source of water for irrigation such as wells, tube wells and rivers etc.
- Area under grass.
- Area under building, roads and other non agricultural used.
- Land that has been left idle in the current crop season to improve the productivity of the land, and land that is fallowed for a longer time period and for which no cultivation activity has been planned.
Village Form VIII-A
In this form detail of khatedars land with the area and taxes payable by him is entered by Talathi.
Village Forms VI-C
This is registered of heir-ship cases. In this form below mentioned details are available:-
- Name of the deceased occupant or the name of the deceased “other right holder.”(“other right holder” means person whose name is entered in “other right” column of village form VII)
- Date of death.
- Old khata number of village form VIII-A.( deceased occupant’s khata number)
- Names of the legal heirs
- Names of the heirs with whom land is in actual possession.(“Occupant”)
- Details of the order of the Tahasildar as to who should be enter as a “Occupant” and who should be enter in the “other right column” of Village Form VII.
- Entry number of village form VI regarding decision taken by Tahsildar about heir-ships.
Village Form VII-B
This is registered of persons whose names are not enter in a Record of Rights as a occupant but are in actual possession of the land. Possession of the land for very long period is as good as ownership of the land.
If during the period of crop inspection Talathi finds that the person cultivating land is not the person who is supposed to cultivate the land as per Record of Right, under the circumstances he has to enter his name in this village form as possessor of the land and send extract of the same entry to the Tahasildar for further action. Tahasildar has to complete enquiry as per the rules and decide the matter. For more details please see chapter “Possession of the Land”
Above forms are very important as they provide protection to all who hold interest in the land. The entries made in the village forms are evidence of the facts recorded therein under section 35 of the Indian Evidence Act.
The above mentioned land records are open for inspection under section 327 of Maharashtra Land Revenue Code 1966
Also visit Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971.
Section 327 of Maharashtra Land Revenue Code 1966
Maps and land records open to inspection, etc.
Subject to such rules and the payment of such fees as the State Government may from time to time prescribe in this behalf, all maps and land records shall, subject to such restrictions as may be imposed, be imposed, be open to the inspection of the public at reasonable hours and certified extracts from the same or certified copies thereof shall be given to all persons applying for the same.
MAHARASHTRA LAND REVENUE
(INSPECTION, SEARCH AND SUPPLY OF COPIES OF LAND RECORDS) RULES, 1970
- Short title: - These rules may be called the Maharashtra Land revenue (Inspection, Search and Supply of Copies of land Records) Rules, 1970.
- Inspection of records: - All documents, plans, maps, registers, accounts and records including land records, (hereinafter referred to as “records”) the right of inspection of which is provided for in Sections 239 and 327 of the Code, shall with the permission of the officer-in-charge of the same, be open to inspection in his office during the usual officer hours every day, except Sunday and public holidays; on payment of fees hereinafter prescribed.
- Application for inspection:-
1) Any person desiring to inspect any records shall, himself or through his recognized agent, make an application for such inspection to the officer-in-charge of such records stating therein the particulars about the records, and the purpose for which the inspection is sought.
2) On receipt of an application under sub-rule (1), the officer-in-charge of the records shall grant the permission, unless the application is rejected under sub-rule (3).
3) If the officer-in-charge of the records (not being a Talathi) considers that the records, of which inspection is sought, are of a confidential nature or that the inspection would be prejudicial to public interest, he may record an order rejecting the application for inspection. And where a Talathi is in charge of such records, he shall refer the application for the orders of the Tahsildar.
- Fees for inspection: - The fees for inspection of records shall be pre-paid in cash in accordance with the rate as provided in the Schedule hereto.
(Schedule May Change From Time To Time)
- Inspection to be made under directions of Officer: - The inspection shall be made at such time, in such place and in the presence of such official as the officer-in-charge of the records, may direct.
- Inspection how to be made: - (1) No person who is permitted to inspect the records under these rules shall during such inspection use pen and ink or make any marks or alterations on the records inspected or extract any papers therefrom. He shall return the record so inspected in their original condition when the inspection is over. He may, during the inspection, himself or through his recognized agent, make in pencil a copy of the records or any portion thereof, inspection of which is permitted; but a copy so made shall be certified by any officer.
(2) Any person infringing this rule shall be deprived of the right of inspection for such period as the officer-in-charge of the records may direct, and in addition, be punishable with such fine not exceeding two hundred rupees as the Collector may, after giving such person an opportunity to be heard, deem fit to impose.
- Fees for search when to be charged:- When an application is made for inspection Or copy of any records and such application does not distinction describe the number, date and nature of the record required, or if the description given in such application is incorrect, and it shall, in consequence, be necessary for the officer-in-charge of the record to search his records in order to find the required records, a fee at the rate provided in the Schedule hereto shall be payable in cash by the applicant in advance for such search whether the inspection or copy for which he applies, on examination of the said record by the said officer, be granted or not.]
- Supply of certified copies:- certified extract or copies of record may be obtained with the permission of the officer-in-charge of the records, on payment of fees and additional for scaled off perimeter measurement, hereinafter prescribed: provided that, no copy shall be granted of any record which has been printed or lithographed and published under the authority of the State Government and is on sale.]
- Application of copies:- (1) Any person desiring to have copy of ant record shall himself or through his recognized agent, make an application to the officer in charge of the record stating therein the particulars of the records and purpose for which copy thereof is required.
(2) On the receipt of application under sub rule (1) the officer in-charge of the record may grant the request, unless it is rejected under sub-rule (3).
(3) If the officer in charge of the record (not being Talathi) considers that the record of which a copy is applied for, is of a confidential nature, or that the supply of the copy would be prejudicial to the public interest, he may record an order rejecting the application. Where Talathi is in-charge of such record, he shall refer the application for the order of Tahasildar.
- Supply of true copies of certified copies:- Subject to the provision of rules 8 and 9 every officer-in -charge of certified copy of any records shall on an application made to him by any person prepare and give to him a true copy of such certified copy of the record under his own signature on payment of the fees hereinafter prescribed. On every such copy it shall be clearly stated by such officer that it is true copy of the certified copy of the record.
- Receipt to be endorsed on copy:- On every certified copy or extracts granted under these rules there shall be endorsed by the officer who receives the fees for the same, a receipt in the following form:-
Received Rs......paise.....as fee for this certified copy, dated.... (Signed)
- Fees for copies:- ( Fees may change from time to time)